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martha: "happening now" starts right now. bill: roll tide. martha: boy did they, right? jenna: kang ga roo -- kangaroo sets the mood for you when you arrive at australia's airport. jon: just like in hawaii. the blows investigation that terror attack in dpauz gauze that killed our ambassador to libya and three other americans. a suspect that case was just freed. why? senator chuck hagel's nomination as defense secretary getting support from an unlikely source. why iran says it stands behind him. a gruesome murder time. the woman accused of brutally killing her boyfriend says they acted in self-defense. will the jury buy it or could she end up on death row? it's all "happening now."

jenna: we have a lot of news to get to today including these brand new developments in the benghazi terror investigation. glad you're with us everybody, i'm jenna lee. jon: and i'm john scott. one of the suspects in custody from the deadly attack on our consulate in libya is free now. he was conditionally released by tunisian authorities because of lack of evidence. his release is considered a blow into the investigation into the september 11th attack that killed our ambassador to libya and those three other americans. greg palkot is following the story live from london. this suspect, greg, what can you tell us about him? >> reporter: john, he is a tunisian arrested in turkey in october. he just left libya. he was in the libya at the time of the attack. authorities at the time said he was involved or at least a witness. fox news and others reported

he was bragging about it on the phone and social media. we were in the region at the time. we heard rumors of an al qaeda link. he was extradited to tunisia where he was questioned by authorities of after some resistance he agreed to an fbi interrogation. no comment from the fbi on the substance of that. his lawyers say he was in libya at the time but he was on a construction job. sources say while he is freed he has to remain in the tunisian capital, tunis, he is still charged with suspected involvement after terror organization, joon. jon: he is the only suspect arrested where does that leave the u.s. in this >> reporter: the fbi confirmed to me they have an ongoing investigation and they have agents on the ground in lib a they can't say much more than that. by all accounts this probe

is not much more advanced since we were in benghazi in october. one report says it is totally stalled. another says no one has been charged and that all suspects remain on the loose. the problem it appears very little cooperation on the ground in libya. we saw it in benghazi. security remains a big issue. militias are still strong. they are doing attacking of people that should be doing the investigating. so you see the problems. one suspect was questioned in december in cairo with possible links, both to the attack and a terror organization. that person is still being held in egypt. beyond that, not much to report. jon: doesn't sound like much is happening. greg palkot, thank you jenna: the bipartisan center says we'll hit our debt ceiling much sooner than we thought. our national debt is surging past the $16 trillion debt

limit and the treasury department says special accounting moves, special accounting moves can keep the government running until sometime in march but that may no longer be the case. charles payne from the fox business network. charles, when you hear special accounting moves you wonder what does that mean exactly? >> well the treasury has a special emergency boar rowing capacity up to $200 billion. we're eggs essentially buying a little bit of time. on march 1st we owe $83 billion. there is whole lot of other things. put it this way. between february 15th and march 15th weho owe, america owes about $450 billion. we'll be taking in 277 billion. that leaves a big gap. >> certainly does. when we have our own credit cards, charles, we can't just say oh, i will extend the credit limit because this month i want to buy a little more than last month. can you explain to us the process that one country can extend its own credit limit? >> well, you know, this is a

just the provision we have. some people, nancy pelosi said on sunday the president should totally ignore the debt ceiling saying by invoking the 14 amendment. she is not the first person in washington to say that by i think the more important thing, jenna, let's say we do hit the debt ceiling and exhaust this emergency provision. it is some tough choices have to be made. among them could be people watching this show expecting a refund check, you may not get it when you think. the irs could wait 45 days, after april 15th and then there are a whole lot of other things they have to make tough decisions on. veterans benefits, food stamps. there is a whole lot of money due. and something can not be paid if we can't borrow anymore. jenna: interesting. they have to delay some of those payments just to have the right balance sheet. all right, charles, it is something we'll continue to watch. >> keep your fingers crossed, jenna. jenna: i will, all of them. >> see you later. jon: and keep your credit cards paid. a new report says an al kind-linked terrorist is among eight people killed by

a u.s. drone strike in pakistan. as you probably know the obama administration has stepped up the use of drones overseas to target suspected terrorists. president obama's nomination of john brennan to be the next cia director suggests that trend is likely to continue. brennan, a strong proponent of drones as the president's chief counterterrorism advisor. for more on how the u.s. drone program works let's get to chief washington correspondent james rosen. he is live for us at the state department. james? >> reporter: jon, good morning. this program presents a consistent headache for the diplomats in this building and who must frequently contend with complaints from afghan and pakistani officials who say these drones all too often wind up killing innocent civilians instead of terrorists the drone program is one of the national security initiatives that president obama inherited from the bush administration and one which the current commander-in-chief has dramatically expanded. for all his criticism of president bush during the 2008 campaign over his conduct of the war on terror president obama has largely

kept in place if not enhanced the architecture of that war as mr. bush and his advisors designed it. with his announcement yesterday that he is seeking to elevate john brennan from counterterrorism advisor to director of the central intelligence agency, president obama is effectively doubling down on the drone program which has seen a estimated 300 strikes carried out during the obama era, reportedly killing more than 2500 people. a former member of the obama national security team, retired general stanley mcchrystal cautions while these unmanned aerial vehicles which are preprogrammed on flight missions and armed with missiles and bombs have proved instrumental in decimating al qaeda's top leadership they may actually be working against america's browder counterinsurgency mission because these strikes breed fear and resentment among the very populations we're seeking to protect. >> that effort is carefully overseen by the white house, by the president, and by senior members of his administration and carried out consistent with as

john's speech laid out at the wilson center, really consistent with international law, domestic law, ethics, rules of war and those are the instructions we have from the president and that's what we do every day with respect to these to these programs. >> reporter: the u.s. began using drones shortly after the start of the afghan war in late 2001. it was in the following year that cia bee fwoon to be able to use drones without the need for militariry back. jon? jon: interesting. james rosen at the state department. james, thank you. jenna: now we turn to the weather around this country. dangerous storms sweeping through parts of the south today including torrential rain, large hail, damaging winds and even tornados possible. maria molina has the latest from the extreme weather center. >> jenna, good to see you. we're tracking another storm system that will produce all those things you mentioned not just today but over the next several days. by tomorrow we could see severe weather across portions of louisiana and southern portions of arkansas and eastern portions of texas.

it will be relatively slow mover and it will have a lot of moisture with some areas seeing as much as 10 inches of rain over the next several days. flooding is a major concern out across eastern portions of texas and southern texas and the rain has already begun. we're looking at showers in the dallas area and heavy rain in portions of northern louisiana and late tomorrow into the weekend we could see some of that rain moving in through the areas like the great lakes and into the northeast. look how much rainfall we're talking about here. widespread amounts of four inches anywhere from houston up into the city of memphis but those purple areas, that is where you're talking about easily over 8 inches of rain locally. 10 inches of rain will be possible. we do have a number of flash flood watches issued over portions of texas and southern portions of that state. otherwise a severe weather threat. brounzville, heads up, you could look at severe weather, houston, corpus christie and austin. tornados possible, damaging wind gusts in excess of 60 miles an hour.

the reason we're not seeing snow out of the storm system because temperatures have been very mild. jenna, we're talking about temperatures, easy 10, 15 degrees above normal this time of year. even here in new york city, 46 degrees for our high temperature. 41 in kansas city. jenna: maria molina in the weather center. thank you. >> thanks, jenna, the controversy over senator chuck hagel's nomination to be defense secretary and some of the harshest criticism centering on comments about israel and quote, the jewish lobby. the american dip did low mat he made those comments to joins us minutes from now with his take on all this. the deadly flu outbreak across the country, why it is so bad so early this year. new information about the flu vaccine and stats that could surprise you. news you need about your health coming up

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jenna: some new reaction coming in on the president's nomination of former senator chuck hagel as defense secretary. with much of the controversy over it stemming largely from hagel's comments about iran and hezbollah. today iran's foreign ministry spokesman coming out in support of hagel, in support of hagel, saying, he hopes his appointment will improve relations between the united states and tehran, explaining, quote, we hope that practical changes are made in america's foreign policy and american officials adopt an approach tom respect rights of nations. another big issue as you know is the president's relationship with our biggest ally in the middle east, israel and its prime minister benjamin netanyahu. chuck hagel's controversial comments about israel including saying quote, the jewish lobby intimidates a lot of people, have been repeated often in the last few days and he said those comments years ago to aaron

david mill who advised six secretary is of state and is on our program. nice to have you on the program. >> thanks, jenna. jenna: i want to ask about the comments chuck hagel said a few years ago but in a moment. why would iran come out with this type of statement now? what does it mean? >> if they undermined hagel's nomination it is a perfect time. those who argue the iranians that like what they see because chuck hagel has no intention of even considering the use of force to deal with iran ace nuclear program. in a way it is very clever. >> do you think their intentionally undermining it or do they actually like the nomination? >> not sure they have a strategy but by and large hagel's views on these issues, think reflect the president's. and i think this is one of the missing pieces in this conversation. the reality is barack obama's is the most

dominating, controlling foreign policy national security president since richard nixon. he doesn't delegate. he dominate. he is going to control all of the major decisions regarding american diplomacy and certainly the use of force. so whatever chuck hagel thinks or doesn't think on the issue of attacking or not attacking iran it ultimately will be the president's decision and it's not going to be a 6-5 vote either. whether it goes towards diplomacy or towards war. this is going to have to be a consensus given the stakes. so, yeah, i think chuck hagel understands that attacking iran on the risk to reward ratio is heavily skewed toward the, toward the risk side rather than the reward but in the end in an op-ed last year he supported the use of force as an option that should be kept on the table. so in the end president's call, jenna. jenna: okay. one of the points you made

in your writing after this interview that you did with senator hagel about his comments regarding the quote, unquote, jewish lobby. you bring it to a broader perspective which our relationship with israel continues and remains in focus and rightly or wrongly this president has been repeatedly questioned about his loyalty to one of our allies. what do you think is the impact of that answering into a year like this oneare soy things that are seemingly high-stakes in foreign policy? >> you know, look, i think hagel and the president on the issue of the u.s. israeli relations basically believe the same thing which is the united states has a special relationship with israel. that israel is a small country living in a dangerous neighborhood on the knife's edge, deserving and worthy of american support, but, i don't think neither former senator hagel nor the president believes in what i would call an exclusive relationship with israel where in fact

american and israeli interests must agree, should agree, need to agree on every single issue. that's number one. number two, and this is a reality, i've said this before, barack obama does not relate to israel the way bill clinton or even george w. bush related to israel. you don't have the intuitive emotional warm and fuzziness. jenna: how big of a problem is that? >> well, i think it's a problem if in fact the relationship is dysfunctional and can't find a way to operate in sync. george h.w. bush and jim baker had a very tough relationship with the american jewish community and with former prime minister shamir. and yet the two of them, baker and bush 41, had a strategy. so a lot of the tensions were mitigated by the fact that the administration knew what it was doing. the problem this time around on the issue of the peace

process for sure is that at least over the last four years this administration hasn't had much of a strategy. it has allowed its rhetoric to exceed its capacity and it has helped, the prime minister has done his fair share to be sure, in creating i would argue to you, jenna, the most dysfunctional relationship between an american president and an israeli prime minister since the relationship began. jenna: i just have to, quick final question here, that's a big statement. as far as what that means for our national security here, the direct impact of that quote, unquote, dysfunctional relationship to the average american is what? >> well, look i think the average american and the polls continue to show this, support and believe that israel is worthy of support. the sky is not falling in the u.s.'s israeli relationship. it is going to survive and it will continue to be resilient but it's in for a tough patch over the next several years. jenna: something we'll be

watching certainly as well over the next several months. aaron, great to have you on the program as always. look forward to having you back. >> thanks, jenna. always a pleasure. jon: a crime story we're keeping an eye on. the prosecution rests in the murder case against a 12-year-old boy accused of killing his neo-nazi father. now the defense might put up a witness with something very interesting to say. rick leventhal is live in new york where one long island town agreed to take on the a major part of the hurricane sandy cleanup. rick? >> reporter: if you're wondering what happened to all those cars damaged by hurricane sandy. we have the answer for you out here on the east end of long island. tens of thousands of vehicles. why they're here and where they're headed coming up next

jon: right now, prosecutors resting their case against the 12-year-old california

boy charged with killing his neo-nazi father. rick folbaum is following this story from our new york newsroom. rick? >> a couple of interesting things in this case, jon. this is a case that may wrap up very quickly. first of all the defense team has withdrawn its plea of insanity in this case. they originally put in a plea that this young boy, joseph hall, did not know what he was doing at the time that he shot his father in the head about two years ago. they have now withdrawn that and they're saying instead that they have would like the judge in this case to throw it out because in their mind the prosecution has not adequately proved its case. it was two years ago that this young boy is accused to have taken his father's gun and to have, shoot him in the head when he was lying asleep, drunk and passed out on the family couch. there is some testimony that perhaps this young boy was abused growing up. the last prosecution called to testify was a psychologist who said joseph hall did in fact know the difference between right and

wrong. there is also, jon, possibility he may be called to the stand to testify in his own defense. now 12 years old. we'll see whether or not that happens again. closing arguments could come as early as tomorrow. and the judge's decision in this case, this is not a jury case, the judge will make the call and that could happen this week as well. back to you. jon: a very sad story. rick folbaum, thanks. jenna: you see images like, well this one from around the country after a terrible storm. where do the cars that look like this go? well there's a new plan to deal with house thousands of cars totaled in hurricane sandy. one town is willing to hold them at a rarely-used airport and in return they will be getting some much-needed storage fees. how does that all work out? rick leventhal with the details from riverhead, new york. hey, rick. >> reporter: jenna, at least 230,000 vehicles were affected by hurricane sandy. 150 you of them were total losses but the rest can be fixed up and driven again. tens of thousands of them

are cycling through there airport on new york's long island out on the east hend. this executive airpark is closed for the winter and owned by the town of riverhead which is leasing its space to insurance auto auctions, inc. paying $3200 a month per acre filling a parking lot, tax at this way, and two runways. one is 7,000 feet and the other is 10,000 feet with cars and trucks that were flooded by the storm. they are auctioned online every day to licensed recyclers and rebuilders and disman letters and the town is cashing in. >> this is a fantastic deal for the town. the town of riverhead has a general fund of $45 million. if they stay here for the full year we'll reap benefit of $2.7 million. and in these economic times that is a big, big profit for the town. >> reporter: but environmentalists argue that this airport sits on top of an aquifer that supplies the region with water and there are concerns there could be chemical runnoff from the

vehicles, gas, oil, anti-freeze, lubricants that could taint the water source. >> long islanders get all of their drinking water from underground. what gets into the ground gets into their water and we think it shouldn't be fluids from wrecked cars. >> reporter: well the auction company says all of the vehicles are inspected every day. they're all parked on pavement. and the all be sold off in three to six months, jenna. jenna: wow, some unbelievable pictures there of the airport. have you just walked up and down the rows, rick? have you seen anything good? are you looking for anything there? >> reporter: you know, they won't let us past the fence, jenna. so we found a high vantage point to shoot over. we're seeing them come in on trailers around the clock. they're coming in and they're rolling out. jenna: they got a good look at you, they were like, not sure we're letting that guy past the fence. >> reporter: yeah a good move. jenna: just kidding. >> reporter: i did spot my vehicle. i won't tell you which one. there is good one waiting

for me. jenna: they will follow you on twitter as they should. rick, thank you very much. an interesting story. jon: who can forget when we got our first look at a killer inside the courtroom. james holmes before a judge last summer a few days before the movie massacre in aurora, colorado. today he is back in court looking very different but will he ever go before a jury of his pierce? peers. murder charges in another horrendous crime but this woman claims she acted in self-defense. prosecutors insist that is not true. they say jealously drove her to kill her lover. will evidence found at the scene lead to a conviction, possibly even the death penalty? you know that little 50-pound thingy

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jenna: welcome back, everyone. "happening now", a mass murder trial is put on hold indefinitely. a judge finding the suspect not competent to stand trial. he is accused of killing seven at a small college in california where he was a us intoing student. now two court appointed psychiatrists tell a judge he suffers from paranoid schizophrenia. he will be sent instead of going through a trial to a locked psychiatric facility. family members of the victims are disappointed by the ruling. jon: right now a murder trial resumes in which prosecutors say an obsessed lover fueled by a jealous rage committed a horrendous crime. jodi arias facing charges that she murdered her ex-boyfriend but her defense

team argues she acted only in self-defense. arias and travis alexander met in 2006. they then broke up in 2007. but apparently they continued a physical relationship. in 2008, a friend found alexander's body. he had been shot, slashed and stabbed inside his arizona home. police photographs submitted as evidence captured a very gruesome scene. the court also heard early recordings what arias knew about alexander's death. a story that changed many times. >> what have you heard so far. >> i heard that he was, that he passed away and that it was, i don't know. i heard all kind of rumors. i've heard there was a lot of blood. i heard that, his roommate found him or his frowned him or, people were, i'm sorry. i'm, upset. >> reporter: ultimately arias confessed to killing alexander but only after he

allegedly attacked her for damaging some of his possessions. if convicted she could become the fourth woman on death row in arizona. let's talk about it with fox news legal analyst lis wiehl and criminal defense attorney, dwane cates. there is a lot of evidence against her. does she have a case. >> she does and here's why. there were only two people in this room when that happened. there is nobody else and one of them is dead. so he can't tell any kind of a story. so there is only two people in the room. if she gets up and testifies she was attacked she might be able to justify what she did. jon: her attorneys, lis, are saying, this is a domestic violence case. abuse of a girlfriend. he was an abuser, they say and he controlled her. you know, in the minds of a jury, might that stick, might that mitigate some of what -- >> i don't think so. maybe mitigation. you're talking about at the

sentencing stage after she is found guilty. right now we're still at the trial stage. here is why i say she will be found guilty. she changed her story. that is not consistent with self-defense. you say first, oh, two men came in and abducted him or suicidal and something like that. she finally gets to the truth which is i killed him. then she goes into self-defense. you go from her words which were obviously not true the first two times to then the crime scene. here is a man, who i don't want to be too graphic, jon, but was stabbed 27 plus times. his throat was slit. he was shot in the head. that is not that is not consistent with self-defense. self-defense is you literally push someone back, stab someone once, run out of the house and call the cops. that kind of thing. >> lis, it could be self-defense. jon: how can that be self-defense? >> it could be self-defense, she was a victim of domestic violence and over the period

of time he abused her, he verbally abused her. it built up into her to the point when he attacked her this rage came out of her and she committed the crime and she wanted to make sure that this man couldn't come after her and she kept stabbing and stabbing and stabbing. >> first of all you know the law which is imminent threat with domestic violence. you have to have a imminent threat. you can only respond to the point of reducing that threat, to the point 27 stab wounds, slitting the throat, shooting someone? i don't think a jury will buy that was self-defense and the fact she already told many fabrications to cops and tv and everybody else and finally come forward, only when the forensics came to light. jon: but, lis -- >> the evidence in this case, the evidence in this case there was a major struggle. there was blood all over this bedroom. one stab, one stab wasn't going to stop this man. he was a big, strong man. there was an epic struggle

in the bedroom. >> and she is the one with the knife and she is the one with the gun. come on. jon: well, i guess that's why attorneys like to argue in court because it has been a pretty good argument here on television. we'll continue to follow the new developments in that trial. jodi arias could go to death row in arizona. meanwhile day two of a preliminary hearing in another high-profile murder case about to get underway. this one involves with the gunman charged with going on that deadly rampage inside a movie theater in aurora, colorado. lis and dwane will be back with us including whether james holmes will go on trial. first rick, with the latest update on the case. >> reporter: the point of this hearing is to determine whether there is enough evidence to go to trial. the judge set aside five days for the prosecutor to lay out their case. the defense may call witnesses as well. day one was tough. there were family members of the victims inside the courtroom. they heard testimony from the pathologists who did

autopsies on the victims, 12 of them but perhaps the most difficult words to hear came from the first-responders, police officers who described what it was like inside that blood-soaked movie theater. other officers telling stories of finding the youngest victim, a 6-year-old with no pulse. rushing gunshot victims to the hospital. keeping one of them, a dad, from leaping out of a moving patrol car as he tried to get back to the scene to find his 7-year-old daughter. the next few days of this hearing, jon, will determine whether or not as you mentioned james holmes is fit to stand trial. he sat in the courtroom yesterday emotionless much the same way at the time he was described when he was apprehended behind the movie theater after the massacre. his public defender has not said whether he plans to use an insanity defense. jon: let's bring back lis wiehl, fox news analyst and criminal defense attorney, dwane cates. doesn't sound like the case lacks evidence against james holmes but it will be about the status of his brain at

the time. was he sane? if a guy is sitting there in court emotionless listening to this kind of testimony does that ultimately help prove insanity. >> it does not help prove insanity at all. to prove insanity the defense has to show at the time of the alleged crime he did not know right from wrong. what the prosecution is showing in this very extended preliminary hearing i never heard of one going on so long, actually a whole week, he knew, he premeditated this. he booby-trapped his apartment. had the whole thing set up. buying guns on the internet a week before, months before. he knew what he was doing, he knew right from wrung. that will not lend itself to a insanity defense let alone an incompetencisy defense. jon: what about that,? there are reports his psychiatrist who had been treating him, he sent her a notebook that contained sketches of this kind of heinous crime, doesn't that show premeditation? >> well, it might show

premeditation but it doesn't show that he knew right from wrong. just because you're buying guns on the internet doesn't show that you know you're wrong. just because you said something to your psychiatrist saying that this is going to happen doesn't mean that you know that you're wrong. this is going to come down to expert witnesses. they have got to get some psychiatrists and psychologists involved. they have got to do some testing and have to come up with whether or not, he was, number one, whether he is competent to stand trial now and whether he was, whether he understood the difference between right and wrong at the time of the commission of this crime. >> with all due respect to the experts, both sides, prosecution and defense, will come up with their own experts who will exactly say the opposite. it will come down to the jury if it ever gets to the jury. my inclination is a slow long, guilty plea. it will never get to a jury verdict. the prosecution may take the death penalty off the table and life in prison without

possibility of parole to get this over with. jon: victims will have a voice in that. >> right. and they have allocution. jon: we'll leave it there. thank you, both. >> thanks, jon. jenna: the verdict in on an unusual court case we first told you about yesterday. a california lawyer, trying to make a point. opposing the supreme court ruling that essentially says corporations are people and he spent years trying to get a ticket for driving in the carpool lane with only himself and a pile of corporate papers in the car to argue because he had the corporate papers he had a second person in the vehicle. get it? he finally got pulled over after a decade of trying and surprise, yesterday, in traffic court. the judge didn't buy his excuse that the pile of paperwork counts as a second person. so he was found guilty. he is considering an appeal. we'll let you know what happens. jon: good luck with that one, huh? new technology just coming out and we have the hottest ticket in town for all those

gadgets you know you've got to have. shibani joshi from the fox business network live at the consumer electronics show in las vegas. shibani? >> reporter: hi, there, jon. yes, we're at consumer electronics show 2013, the biggest consumer technology show in the world. the big themes this year, 25,000 new products becoming unveiled. ultrahigh definition televisions costing north of $25,000. laptops, flexible laptops that turn into pcs. and headphones, lots and lots of headphones. this is a brand new set unveiled by monster last night. teaming up with ea to bring you the ultimate gaming experience. i will bring you some of my other favorites coming up right after the break. hi. i'm henry winkler.

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somewhere down the line. shibani joshi has a few of her favorites as she mentioned before the break. live from las vegas. hi, shibani. >> i have a few of your favorites too, jenna. consumer electronics show of 2013 out of las vegas is the key for people. this is gifts to put on your holiday list for 2013 and beyond. the big themes, ultrahigh definition television sets costing upwards of $25,000. laptops that turn into tab litz and laptops again. you've seen a lot of this stuff before. what i'm bringing to you are gadgets and items you can use in your every day live life to make your life interesting and maybe save you a little bit of time. this is baby pi in. g. this is cool. it is a video baby monitor. it alerts you on the iphone when your baby starts crying. you can see your baby anywhere using wi-fi 3g or

4g. this is clean the screen using back of this. this stereo set puts music in the water. it is waterproof stereo. you can put it in the water. jam out under the swimming pool. some health stuff. this is what i mean. this is what i picked out for jenna. this is wahoo blue heart rate monitor. electronically sends your heart rate and all your health information to your iphone. i know you're a runner, jenna. this might be a good one for you. this is also a great one, too. these are color enhancing and extreme uv protection. when you or jon are hitting the slopes these may bring you the best possible views of the slopes as well. and i told you at the tease about headphones. that is also another big trend. headphones used to be boring and monochromatic. now they signal your identity and signal fashion. a couple of ones i like. this one brought to you by ferrari. it was inspired by the racing team and mimics

pit-style headphones. this costs $249. this ea sports one is for gamers and this last one is designed by hussein bolt. this is designed for the world's fastest man alive, jenna. these are some fun things unveiled at ces like i said, jenna, they're high-priced tag items but they're also stuff that can very well fit into your life and fit into your gift giving scheme as well. jenna: i will sinned you my credit card. all of the selections are great, shibani. we should put all of those on jon. the headphones. then the sunglasses when he is seeing and heart rate monitor for him when going down --. jon: i want the baby monitor. go ahead, shibani. >> i should preface this not all of this should be worn together. jon: i will set up the baby monitor in my office.

if i start crying it will alert your iphone. jenna: i like that. >> something for everyone. something for everyone here at ces. jenna: it is not just about the babies. you have to check up on your co-anchors. jon: that's right. jenna: shibani, have fun out there. thanks for the great selections. those are good ones. some of stuff you look and say i'm not sure. jon: i love those gadgets but some of it goes away so quickly. jenna: i will get you the baby intercom. jon: ultrahigh definition, 20-something,000. >>: you want the high definition tvs, jon? we have to ask ourselves that question during the break. jon: that is a problem if you're on tv. hey, the flu season has gotten off to a deadly start. why has this year's outbreak become so bad so early? and what impact is the vaccine having? droid dna augmentation initiated.

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jenna: well the doc is in and it's a good thing. this year's flu season already causing alarm. right now the cdc says the number of cases is spiking. at least 18 children have died so far. this has been the earliest flu season in at least a decade. it usually peak as little later this month into february. only about 37% of all of us in this country have been vaccinated which at this point we'll ask doctor siegel about that whether we should at this time. 41 states are reporting widespread outbreaks. dr. siegel is with us. should we get vaccinated if we haven't already, what is your recommendation. >> no question about it. you should get vaccinated. 15,000 reported cases. probably more like 50 to 100,000. not all the cases are officially tested. clinicians like me will say oh, that is the flu. we'll not always do a flu test to report it.

there is plenty of time to get the vaccine. we don't expect the flu season to peak at the end of this month or sometime next month. takes three weeks from the time you get the vaccine to get immune. this year looks like a very good match. jenna: you mean for the vaccine and strain of flu that people are coming down with? >> every year the cdc looks and the world health organization looks to see what the prevailing strain is going to be. some years they get it right. some years they don't. this year they got the strain this vaccine. it is covered. jenna: why is it so bad so early? you hear jon coughing in the background. we have it test him for the flu before you leave the studio. >> it is his sound effects. kind of influenza a, which is the worst kind of a flu. this particular type is more severe and comes earlier. it is about the kind of flu it is. the symptoms of the flu is classic. fatigue is really number one. you feel tired. can't go to work. can't feel like yourself. that is the flu. fever, headaches, muscle aches, sore throat and cough.

those are predominant symptoms. jenna: personal experience with you. my husband had all the symptoms last week, terribly i can is. went to the doctors, they did the flu test. turns out they said he didn't have the flu. >> well those flu tests are only about 60% accurate why i don't always use them. if they're negative they don't mean you don't have the flu but your husband, from what you told me at different symptoms. he had stomach-like symptoms which probably weren't the flu. this make as really important point. everyone watching this is thinking do i have the flu, don't i have the flu? jon, do i have the flu? jon's a hypochondriac. he thinks we have everything we talk about here. jenna: poor jon. >> that is prevailing problem. if you feel well --. jenna: if you have a stomach bug, got headaches and aches and temperature? >> you probably don't have the flu but a virus. call your physician. ask your doctor. if you're in a high-risk group, cronic illness, asthma, pregnant women, people very young, very old i might want to give you tamiflu. i might want to give you

anti-viral drug if i thought you had the flu. jenna: all the viewers wish they had a direct line to check with you just in case. >> some of them do. jenna: you're feeling okay this flu season? you're all right? >> i'm getting rest. rest and exercise, all kidding aside, proper diet helps you ward off the flu. if you get sick, stay home. jenna: dr. siegel, great as always. check jon out before you leave, right? sitting next to him the next year. he can't get me sick. >> free of charge. jon: healthy as a horse. thank you both. hey, we are getting word president obama may be about to announce who he wants to take over as treasury secretary when timothy geithner leaves the job. the latest on what could be yet another controversy. plus this creature has eluded scientists for years. that is until now. caught live on video for the first time. release the kracken. new prilosec otc wildberry

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>> reporter: we are here in the control room working on brand-new stories for you over the next 50 minutes, including news about the dreamliner, that was supposed to be the next big thing in commercial air problem. it's been one problem after the other. the latest problem involved a fire as the plane was sitting on the ran up way in boston. some democrats are urging the president, including former president clinton to raise the debt limit on his own using the 14th amendment to the constitution to bypass congress. can he, would he, and who would support him if he goes ahead and does that? also, a new member of congress, a military veteran will tell us why he's opposed to the president's nomination of chuck hagel to be the next secretary of defense. all of that and breaking news as the second hour of "happening now" starts right now. jenna: an annual report from planned parenhood turning some heads. welcome to "happening now," everybody, i'm jenna lee.

jon: i'm jon scott. the women's healthcare and abortion provider says it received more than half a billion dollars in taxpayer money last year. this despite the fact that its abortion services increased while it's preventative services dropped. shannon bream is live in washington with more on that for us. >> reporter: well, across the country individual states along with pro-life lawmakers here in washington say the latest accounting from planned parenthood is a wake up call. a record $542 million in taxpayer funding along with a record high number of abortions. over the past ten years the amount of funding planned parenthood receives from government sources has nearly tripled making up roughly 45% of the organization's revenue. during the last three years the organization reports performing nearly a million abortions while reporting a 30% drop in cancer screening inks and 10% drop in contraceptive services. they are not licensed by the fda to perform mammogram and does not offer them as part of their

on site services. states from arizona to new jersey have been fighting to defunneled the organization. efforts have ramped up again with the reintroduction of legislation in the house that would block the department of health and human services to give them federal money until they certify that they will not provide abortions or refer clients elsewhere for abortion. the parenthood president says, quote, some members of congress just don't get it. this legislation would limit women's access to the wide range of preventative healthcare services that planned parenhood services provide. including cancer screenings, breath exams and birth control. new jersey was successful in blocking state funds from going to planned parenthood, the federal government stepped in and gave more than $3 million directly to them and its affiliates in new jersey. jon: shannon bream with more on that controversy. thank you. jenna: the obama administration is close to announce a pick to

replace treasury secretary timothy geithner. so goes the musical chairs of who is going to be in the president's cabinet. jack lew is the likely nominee. if he picks lew it could set the stage for another contentious confirmation battle. is there any other kind these days, mike emanuel? it seems like everybody that is being picked with the sepgs of senator kerry looks like a tough battle on capitol hill tell us a little bit more about this. >> reporter: good afternoon to you, as you look the at recent nominations these people are all obama people and jack lew has served this president as director of the office of management and budget and white house chief of staff. we are told it is all but a done deal for jack lew to replace timothy geithner as treasury secretary. lew has become a favorite of the president because he has sharp knowledge of the federal budget and his style is no drama. his confirmation would likely be

taking place during some bruising budget fight and as congress considers increasing the nation's credit card the debt limit from the podium the white house press secretary has avoided getting ahead of mr. obama. >> i have no other announcements to make or updates to give with regards to personnel. i am sure that when the president nominates a successor to secretary timothy geithner he will look forward to speedy consideration by the senate but i don't have a timetable for that. i have no tkpaoeud answer to give you on the timing. it's very important for any president to have, you know, time and space to consider his or her nominees for these important positions. when he's ready to make an announcement he will. >> reporter: during the 2011 debt ceiling fight lew irritated a number of republican senators who called him rigid and arrogant. a new senator who will vote on this nomination when it happens was asked about lew on "fox news sunday." >> i wasn't up here during that debate, so he wasn't arrogant to

me but i had not dealt with the man, so i'll keep an open mind, and with any treasury secretary nominee my view is going to be looking to the substance, and this is not supposed to be a popularity contest, this is about fixing the problems that are affecting millions of americans. >> reporter: they say jack lew deliberately kept a low pre file during the recent fiscal cliff battle not wanting to flame up old tensions ahead of an expected announcement. jenna: mike, thank you. jon: a new high profile effort to curb gun violence getting underway this hour. exactly two years after she was shot in the head former congresswoman gabrielle giffords and her husband, astronaut mark kelly are launching a campaign to challenge the gun lobby. the couple deciding its time to act after the school shooting last month in newtown, connecticut, giffords and kelly are raising money to support stricter gun control and pointing an accusing finger at

congress for they say doing nothing to end gun violence. last week the couple visited newtown where 20 school children and six adults were gunned down at the sandy hook elementary school. they say a nationwide response musting more than regret, sorrow and con dole lance. in an op ed in "usa today" the couple says there have been 11 mass shootings in the u.s. since the rampage that nearly claimed her life. in the newspaper they write, we don't want to take away your guns any more than we want to give up the two guns we have locked in a safe at home. what we do want is what the majority of the nra members and other americans want, responsible changes in our law to require responsible gun ownership and reduce gun violence. here is a live look at some of the preliminaries in tucson, in just a few minutes at exactly 10:11am mountain time bells will ring out across the city marking the moment two years ago when a gunman opened fire outside a soup irmarket killing six people

and wounding 12 including former congresswoman giffords. jenna: for some context when we are we talking about gun laws. federal gun control efforts go back to the 1930s. congress passed a national firearms act in 1934 during an era of rampant violence linked to prohibition. the law targets automatic fire weapons, imposes a tax on the making and selling of firearms, and requires registration of certain types of firearms. well decades later in 1968 following several high profile assassinations congress even acted the gun control act. that law prohibits all convicted felons, drug users, and the mentally ill from buying guns. it raises the age to purchase handguns from a federally licensed dealer to the age of 21 and expands the licensing and record-keeping requirements for gun dealers. then in 1972 the bureau of alcohol, tobacco and firearms was created to enforce the gun control act. in 1993, 12 years after the attempted assassination of

president reagan president clinton signed the brady handgun violence prevention act. it requires background checks of gun buyers, eufpl poses a five-day waiting heard to sell a handgun and called for the creation of a national instant criminal background check system. in 1994 congress passed the violent criminal control and law enforcement act. it bans semi-automatic assault weapons for civilian use and large capacity ammunition magazines limiting them to ten rounds. it also requires licenses -- license sees i should say to submit photographs and fingerprints as part of their application. as you know part of that law expired several years later, so here we are talking about this again, and we'll watch this. it's one of the big stories in the year ahead about what mow tension alley the task force that the president has named comes up with as far as recommendations. jon: also an update to a story unfolding live on "happening now" yesterday. we saw smoke pouring from the under belly of a massive plane

at logan international airport. turns out to be a boeing dreamliner. well the national transportation safety board is now launching a full investigation. this could be just one of several problems with the dreamliner, which was launched with so much fan nare. dan springer has details for us from seattle. >> reporter: yeah, jon the national transportation safety board has a team in boston right now investigating what they are calling a 787 boeing smoke event. it happened shortly after all the passengers and crew had got even off the plane at logan airport. they had just taken a 12-hour japan airlines flight from tokyo. a maintenance worker smelled smoke and traced it to a compartment near the back of the dreamliner which holds the lithium battery that powers the plane when it's not flying. a battery eventually exploded, the cabin filled up with smoke but nobody was hurt. had this happened during a flight it could have been catastrophic. it adds to the list of electrical problems the 787 has

experienced since there was a major fire during a test flight in 2010. in december there were three less serious electrical problems. a flight had to be diverted. the same problem grounded another plane a week later. then a united plane was taken out of service to replace a power panel and a general raeurt. the big concern is the 787 uses a lot more electric treus teen other planes and the problems keep occurring. >> it's all electrical power. and that generates a lot of heat, just an enormous amount of heat that therefore has to be cooled, and if you don't cool it then you have failures in the bay, you have fail tphurs systems and so on. >> reporter: boeing says it looks like yesterday's fire was due to a battery overheating and is not related to the other problems. still it is a big concern for a company that has sung billions of dollars into this new plane and is perhaps many years away

from breaking even. it hasn't been all bad news for the dreamliner, on the pond airways has been flying them for over a year and reports good per foreign answer and a 21% fuel savings. still boeing stock is down more than $2.50 from yesterday's opening high yesterday. obviously investors are worried about this later incident involving a boeing 787. jon: let's hope they get to the bottom of it quickly. thanks. jenna: they are in the country illegally and face arrest if caught. why is a third state on the verge of allowing illegal immigrants to get driver's lens? we'll tell you about where that is happening. jon: brand-new images of a kwaoeupbt squid, caught on video for the very first time. this mysterious creature is real we now know. jenna: you love this story, don't you. jon: i do. look at this thing. jenna: it makes me think about calamari. is that weird? i think a little bit. democrats in congress say they are willing to circumvent the majority in the house over the

debt limit. we'll tell you what they are licans aren't buyingat mean and it. that is all ahead on "happening now." >> it looks like the second term of barack obama is going to be an in your face term. i'm not going to talk to you at all about the debt ceiling. we have yet to cut one dime from the last debt ceiling agreement and here it is time to do it again. we've got to stop the madness. .

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ask your rheumatologist about humira, to help relieve pain and stop further joint damage before they stop you. jon: a group of democrats is calling on president obama to ignore the legal debt ceiling and barrow more morning without the consent of congress. they've signed a letter endorsing this drastic and legally questionable action, arguing the president could invoke the 14th amendment to raise the debt limit if republicans stand in his way. quote, in the event the speaker, that is speaker john boehner follows through on his reckless threat, they write. we would support your use of any authority available to you including the 14th amendment to preserve america's full faith and credit and preserve further

damage to our economy. a new gallop poll says 77% of americans say washington politics is causing serious harm to the nation. let's talk about it with steven hayes a writer for "the weekly standard" and a fox news contributor. this would give the president unlimited power to raise the debt ceiling any time he wanted because he deems it in theest interest of the country? >> it would indeed. there is another proposal that's been floated out there that suggest -gs that the president mint a trillion dollar coin to allow him to use that money to go beyond the debt ceiling. look, i mean i think one of the lessons from these episodes and these efforts on the parts of democrats mostly in the house of representatives is that they can be awfully creative when it comes to finding ways to avoid having to deal with the debt crisis that we are facing. these are interesting and innovative solutions but they don't solve the root of the problem, they paper over the exoover the extent of the

problem. >> in his first term president obama promised he would fix the immigration problem, that didn't happen. couldn't get the d.r.e.a.m. act through congress. he applied a bunch much executive orders allowing things to happen that congress probably wouldn't have approved, but he just did them anyway. that seems to be the pattern with this administration. >> well it does. we've heard the president signal that he wants to do with that respect to gun control efforts that he's talking about with the biden commission, that they are considering now. the president has -- the white house has gone on record saying that they will not use this 14th amendment solution, and that they want to have congress raise the debt limit by traditional means, but i think having some cover from democrats on the left, from democrats in congress saying, we at least want you to reserve this option, gives the white house some opening to perhaps go back on their previous commitment if they declare that republicans

are being two inch transient or want too steep of spending cuts. jon: it just seems like when things get invent, like for instance putting forward a budget in the u.s. senate, which hasn't happened in, what, more than a thousand days now -- >> yeah. jon: stkarb dash when it gets invent to obey the law they just look the other way, disobey the law and nobody seems to notice. why? >> one of the things interestingly that republicans are considering doing as part of these upcoming negotiations on the debt ceiling is requiring the senate to pass a budget, something that as you point out they haven't done for three years in order to have any consideration of a debt ceiling hike. i mean one would think that you won't have to put those kind of strict you ares on the senate in order to get it to do its job. it is the case that senate democrats in particular have sought to avoid any kind of restraint on spending, including the restraints that are incumbent on the body itself by just passing a budget. jon: when president obama, you

know, directs his criticism at congress it always seems to be directed at the house of representatives and speaker john boehner, as if the democrats on capitol hill have nothing to do with the logjam. >> yeah, i think that's right. i think that is one of the key points in this whole broad discussion of government spending. people forget that president obama came to office, i mean there was a debate in august of 2008, a presidential debate in which president obama vowed to fix entitlement spending in his first term and then shortly before he was nicaragua rated he talked further about the need to reign in entitlement spending and reform entitlements so that the united states won't go broke. but when it comes to pressuring senate democrats to get serious about this or at least massa budget, declare where they want to spend and how they want to spend, the president hasn't used his bully pulpit or even gentle nudge tog get the senate to do its job. jon: we were going to cut the deficit in half in the first term were we not? >> this is true, hasn't happened

obviously. jon: steven hayes from "the weekly standard." keep an eye on it for us when the deficit does get cut in half let news. >> will do, jon. jenna: coming up new push back over the president's healthcare law from a christian owned business that could face millions of dollars in fines for refusing some of its provisions. we'll tell but that story. plus a tkpwaoelg executiv google executive visiting north carolina? what does that mean? we're going to ask general keane after the break.

jon: disturbing new milestone regarding the economic troubles in europe. amy kellogg live in london with is that for us. >> reporter: hi, jon, over on this side of the pond people are no longer really talking about whether countries will leave the

euro zone or know despite all of the very elaborate fixes worked up to keep countries like greece from going completely under the problem of growth remains. and as long as europe is not growing then the fundamental economic problem here remains. the unemployment rate for the entire euro zone rose to a record high of 11.8% for november. that is up from 11.7% from october. but up from 10.6% a year ago. these are images of italians lining up to fill out forms for jobs. it's not uncommon to hear young italians say that they simply feel that the culture is skewed against them, not making way for them in this economy. prime minister mario monte passed legislation to make it easier for people tow start u to start up their own companies because youth unemployment is at 37%. some people are thinking better to make jobs for themselves than

wait to be hired. spain has the word unemployment problem with a staggering rate of 26.6% for november, as unemployment rises you question how much longer governments can stick to their austerity programs. and the problem is with people losing jobs spending power falls so it really is a vicious circle. now the good news in all of this. jon, if there is any is that business and consumer confidence is up in the euro zone. some studies are showing, and basically the market turmoil has sort of calmed down, but still the labor markets are really the drain on the situation now, and with bank lending down precipitously there is talk that the european central bank may need to come up with some new measures to stimulate economy, possibly loring interest rates. they are having a rate-setting meeting this thursday. jon: and i'm guessing their actual unemployment rate is a lot higher than the 11.8% that --

>> that is an average across the block, jon, so it's lower in some countries, and as you see really high in places like spain, and youth unemployment, crazy 50% in places like greece. jon: wow, let's hope that is not a glimpse into our future. amy kellogg, thanks. jenna: a new flare-up of violence between new nuclear armed countries. india accusing pakistan of killing two of its soldiers while on patrol near the highly disputed region of kashmir. this comes two days after a fight in which pakistan claims one of its soldiers was killed when indian troops crossed that line. washington keeps a very close eye on these incidents as india and pakistan have fought at least three wars over kashmir. general keane is with us, a four-star general, retired and former vice chief of staff of the army and a kr-b are fox news contributor aand a fox news contributor as well.

why should we pay attention when these things happen. >> these countries have had historic tension and the world mays attention because they have nuclear weapons. and the fear is that some minor skirmish like this one could escalate. however i don't think that is going to happen in this case. of it is unfortunate there are deaths involved but the fact of the matter is pakistan and india have been doing better talking in the last several months than they have been in years. so i don't think either one of them will let this get out of hand. jenna: we often talk about pakistan and how it relates to afghanistan, the war on terror. when you see something like this break out between two countries that is a separate issue completely is there an impact in a way that directly affects the united states regarding some of these safe-havens along the separate border that pakistan has with afghanistan. >> the pakistans have made a major decision, that is that their main focus of their military should be on a threat

that is inside their country and not india. we have been urging them with military advice and political advice for years to make this decision. jenna: what do you make of it that they decided to do that now, or so they say publicly? >> it's a big deal. what this will do, it will change the education of their officers and their noncommissioned officers, and the training itself to focus on counter insurgency, which is a different form of warfare and it needs a skegs set o special set of skill sets. jenna: what kind of role will we play potentially in that? will we be part of the training or making recommendations, or is this something that is really internal for their country? >> we have had quite an impact on this already. we have provided them manuals, we have brought people over, bonafide experts in this. they'll do the training themselves. we are also hoping that we have a major problem with pakistan as

we have talked about before on this show, and that is, is that there are safe-havens as you mentioned inside of pakistan where the afghanistan taliban harbor, and the pakistanis are protecting them. we are hoping to make some progress with those safe havens as well. jenna: one of the reasons why that's so underlined if you will is because pakistan has nuclear weapons. no one really knows for sure human there is a big question about who can get their hands-on the tphaoeubg lar weapons in the wrong scenario, that is also something we're concerned about with north korea. we'll move onto this other sorry we've been watching, a strange one if you will. you have the former governor bill richardson who has made numerous trips to north korea. he's going with google bill schmidt saying it had a humanitarian focus. north korea recently tested another rocket are, and there has been increased pressure on that country.

what do you make of this? >> i think the time is really awful. and it's disappointing they didn't listen to the administration. the administration -- jenna: they said, no, right they said we are going on this private mission. washington d.c. said maybe not the right time. didn't want to happen it now. we are putting pressure on the nor korean as to further isolate them and lead an effort for more sanctions and the fact of the matter is the way they will build us inside their country, they won't talk as richardson as a former governor they will talk about him as running for president of the united states. they will talk about schmidt as a number one chairman and ceo and the number one it person in the world coming to their country and it helps legit mice the regime of kim jong-il. i'm sure that's why the administration didn't want any of this. because they are trying to put pressure on him. what he'll do is he'll use this and say, look it, i'm telling you, we are opening north

korea. i'm not doing what my father did, i'm actually being more transparent, and that's why i have these two individuals coming to the country. so this is -- we'll let a little push back from him, probably from china also as a result of it. i think it's pretty unnecessary. i don't think this is a big thing by no means, but i think it was an unnecessary visit and i think they should have taken a warning from the administration and deferred. jenna: just a side note, apparently richardson said that he was hoping to meet with u.s. citizen -- one u.s. sit ten born in south korea that is now being held there. we'll see if that has anything to do with this as maybe the truth of this trippy merges somehow. general keane it's nice to have you. thank you. we covered a lot of ground all the time. >> good to see you. jon: the confirmation battle over president obama's pick to be defense secretary is heating up. more lawmakers are joining the chorus of opposition to the nomination of chuck hagel. we'll speak live with an arkansas congressman tom cotton

a vet who served in iraq and afghanistan about why he opposes hagel. anyone have occasional constipation,

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jenna: the movie massacre suspect james holmes is back in court today in colorado. it's the second day of his pretrial hearing where prosecutors are laying out their evidence against him n. fact they just played the tape of the first 911 call from inside the theater. alicia acuna is live in sentinel, colorado with more. >> reporter: hi, jenna, yes, apparently that call was made

while the attacks inside theater nine in aurora was still underway. one of our producers in the courtroom says she could hear gunfire in the background while that call was being played. the detective on the stand was asked by prosecutors if he counted the number of shots that he heard. he said he attempted to, and in that 27-second call he counted 30 shots. in addition to that call one was played by 13-year-old, kay lynn bailey, she is the cousin to a 6-year-old girl who was killed that night. on the call you hear her screaming, i'm in 9, i'm in 9, referring to thaoelte to theater number 9. the dispatcher tries to instruct her in helping her small cousin but it was simply too loud inside the theater for her to hear the instructions. there were 41 separate calls made in the first ten minutes from inside that theater. also through witness testimony we heard yesterday that james holmes purchased his movie

ticket online on july 8th, 12 days before prosecutors say he opened fire in the aurora theater. surveillance video from inside the building was played as well. that showed holmes scanning his ticket with his phone the night of the movie, then going to the concession stand, but buying nothing. eventually the video shows people inside theater nine running for their lives. when holmes was arrested at the scene something he succumbed to willingly according to officers who were there, he also volunteered information about his apartment, saying that it contained improvised explosive devices. ied's, his words, and that they would go off if tripped. jenna, this preliminary hearing is expected to last through the end of the week. jenna: alicia acuna with those developments. thank you. jon: well a brand-new face on capitol hill who served on the front lines in iraq and afghanistan is joining the ranks of those opposed to president obama's choice for defense secretary. our next guest, a conservative

republican who was sworn in last week says former senator chuck hagel is not qualified to lead u.s. troops in times of war. let's talk about it now with arkansas congressman tom cotton. congressman, it would seem that a guy who came out of the vietnam war with two purple hearts as chuck hagel did would be a natural at leading troops. you say no. why? >> skwro*b, thanks for having me on. chuck hagel certainly served our country valiantly in vietnam. that isn't be the primary consideration for being the secretary of defense of the. we have to look at his records, votes and statements. he voted us into the war in iraq. in 2006 when it was unpopular he turned his back on the troops. he delayed emergency funding. he called the surge the most dangerous foreign policy blunder in our country's history since vietnam. he said at the height of the

surge and success and the fighting in iraq that we were fighting a war for oil which puts him closer to code pink than it does to president obama. jon: the surge went onto work very well. than. >> correct. by the end of 2008 i think almost all observers had agreed the surge had accomplished its purposes. it had reduced violence not just against american troops but iraqi civilians, yet chuck hagel was still citing other factors as the cause of that violence. jon: you had your own experience there. you were leading soldiers right in baghdad in some of the heaviest fighting there. >> that's right. i was the platoon leader with the 101st airborne, i had 40 infantry men with me in baghdad in 2006. the week we returned from baghdad proud of our ' is when chuck hagel wrote an opinion column saying we could achieve no victory and the time for more troops and fighting there had passed. no one had told thrust in the previous months when we were fighting in baghdad that the

time for fighting had passed, or that we continue achieve vehicle tree. jon: at the same time, chuck hagel is a form senator, as you know, the senate, the world's most exclusive club, they tend to treat their members and their former members with kid gloves. everybody seems to feel that chuck hagel if he's the guy that the president wants, chuck hagel is going to go on to confirmation. are you tilting at windmills here? >> certainly hope not, because the secretary of defense is one of the most important positions in the executive branch after the president and the vice president, if you look at chuck hagel's record in the senate you'll see he's outside the bipartisan mainstream consensus of other senators. he voted against iran sanctions when the vote was 96-2. he refused to sign a letter condemning antisemitism on the rise in russia when 99 other senators signed it. 89 sepbsz -dz voted for sanction in syria he was not one of those records. you'll see how far outside the bipartisan mainstream consensus

on foreign policy and national security he has been. jon: there has been a lot of discussion about the fact that congress has a declining number of military service veterans, you are one as we mentioned. you fought in afghanistan and iraq. do you think that that qualification is important for a member of congress? >> i think being a veteran, especially having seen come battle is valuable in any walk of life, whether it's serving in congress, serving in local politics or in business, or just as a community leader, and i think that we bring certain intangible characteristics, like leadership, and poise under fire when the stakes are very high to the table. but also it's not a prerequisite to be secretary of defense or to serve in congress. we should look at one's views and record when we make such decisions. jon: this is -- i believe a picture of chuck hagel during his vietnam era service. you say -- you're an advocate for a strong military and a strong american presence around

the world as a guy who has fought on the front lines y? >> i think the world is safist when america i leading the world. we've seen that throughout our history. when we withdrew from the world after having intervened in europe after world war i we got world war ii. when we were not actively engaged after world war iiment cold war gee bega began quickly. i worry today if we withdraw from afghanistan or not a leader around the world then our enemies will move on the march much again and our allies will begin to wonder if they can trust america to be stead nass by them. jon: tom cotton is a newly elected member of congress representing arkansas. he has been the subject of a number of very flattering profiles in places like "the washington post" and "politico." our viewers will be hearing a lot from you i have the feeling over the next few years. good to have you on, sir, thank you. >> thank you you, jon, good to

be here. jenna: up close with a giant squid, how scientists are learning more about a mysterious beast than ever before. we'll tell but that coming up. so, we all set? i've got two tickets to paradise! pack your bags, we'll leave tonight. uhh, it's next month, actually... eddie continues singing: to tickets to... paradiiiiiise! no four. remember? whoooa whooaa whooo! you know ronny, folks who save hundreds of dollars by switching to geico sure are happy. and how happy are they jimmy? happier than eddie money running a travel agency. get happy. get geico. fifteen minutes could save you fifteen percent or more.

jenna: welcome back, a craft company that says it runs its business based on christian principles is filing a lawsuit over a controversial piece of the president's healthcare overhaul. rick folbaum has more on this. >> reporter: when hobby lobby lost its emergency appeal to the supreme court at end of december justice soto my yore said it must comply with obamacare but it could pursue its case in lower courts and that is exactly what the company is doing, suing to have part of the law struck

down, specifically the parbt that requires employers to pay for coverage of emergency contraception. the company's found tkeur and ceo in a letter says providing that coverage goes against the biblical principles that his company follows. david green saying, quote, the government is forcing us to choose between following our faith and following the law. i say that is no choice that an american company or business should have to make. the government cannot force you to follow laws that go against your fundamental religious belief. the obama administration has rejected a request from the roman catholic church for a broad exepl son that would exclude catholic hops and schools and charities. they were given until august 1st of this year to comply. private companies like hobby lobby face finest up to $1.3 million a day, money that david green says, jenna he will spend in order to not have to compromise his personal religious beliefs. jenna: we'll continue to watch that story, rick thank you.

jon: aig the big insurer rescued by you the american taxpayer in 2008 is considering suing the u.s. government. the lawsuit claims the government deprived shareholders of billions of dollars when it took a large stake in the company and attached high interest rates to the bailout. fox business network's elizabeth mcdonald is live in new york. elizabeth. >> reporter: that's right, jon. aig's board is meeting tomorrow, aig is telling fox business that the board will meet tomorrow to decide whether to joi aig former chief hank greenberg's lawsuit against the government which basically alleges that they vie layed the fifth amendment in that the government seized private property and didn't properly treat aig during the bailout. essentially hank greenberg is saying aig was eventually destroyed by government overseers runamuck, that is according to his new book. they sold off $66 billion in assets to repay the government.

hank greenberg's lawsuit along with his company star international are saying that the government did over charge punitive interest rates of more than 14% on lines of credit. representative elijah cummings, jon, a ranking member. he said this is like suing the paramedic who gave you cpr because he did not give you a pillow. what hank greenberg is saying in his lawsuit is essentially that the bailout became a back door bailout for other wall street companies that hank greenberg did not like. here is hank greenberg on that end. take a listen. >> as far as i'm concerned that bailout never should have taken place. and the way it did take place was wrong. aig was used as a bailout, as a back door bailout for many others. >> reporter: those many other

the board has to take up considering whether or not to join its lawsuit. it's telling fox business it will do so. it could face other share older lawsuits without even considering whether to join the suits. take a look at what the new york fed is telling fox business about the merit of this lawsuit. they are saying there is actually no merit to the allegations. aig's board had an alternative choice, bankruptcy and the federal reserve's action helped restore. they will be deciding whether or not to join hank greenberg's lawsuit against the government. jon: they may have a point. you convinced me. thank jew jon i'm sure you remember 20,000 leagues under the sea, who can nor get that, right? ha look at the real life wreath that you are might have inspired what we've tauld a tale for years, but just might be true, maybe, coming up. [ loud party sounds ]

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jon: illinois could soon become the third state? the country to allow illegal immigrants to obtain drivers' licenses. backers say it will make the streets safer. opponents argue it opens the door to a potential flood of identity theft. steve brown with that controversy live from chicago. steve. >> reporter: jon, the bipartisan group of lawmakers who are pushing this legislation have been pushing safety and savings. that if the estimated quarter million unlicensed, undocumented drivers in the state of illinois were to get licenses, pass a driver's test they may are more likely to buy insurance and therefore the highways would be safer and insurance premiums would go down. for the folks in the his ace community in the state of illinois, a growing group for sure it would remove one of the

potential consequences of unlicensed driving. >> have you to be extra careful, right? any kind of violation doesn't lead just to a ticket u know, it leads to an arrest and possible deportation. >> reporter: the state senate has already approved this measure. the state house we are told will vote today. the expectation is that it will pass. democratic governor pat quinn will sign it into law. there have been voices of objection including one state senate democrat voting no on the measure saying it's the cart before the horse, the federal government should first tackle comprehensive immigration reform. >> i totally understand the arguments relative to the highway safety issue, and everything like that, but unless you have a uniform rule throughout the united states, you know, i think it just invites fraud, it invites, you know, chaos as i said. >> reporter: the state of new mexico for the last nine years has offered licenses to undocumented ale lee ands and it

has not seen the benefits that the folks here in illinois say they will see, which is safer roads and lower insurance premiums. the number of unlicensed drivers has not decreased, nor the ones that are insured as well. it hasn't had the effect in new mexico. here in illinois it looks like a go. jon: sounds like a potential slippery slope to me. steve brown, thank you and we'll be right back. (dog) larry,larry,larrryyy.

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